Carradine v. Taggart — 119 N.Y.S. 1117

Majority

p. 1117

CARRADINE, Respondent, v. TAGGART, Appellant.

(Supreme Court, Appellate Division, First Department.

November 12, 1909.)

Headnote

Action by Genevieve R. Carradine, as administratrix, against Thomas Taggart.

G. Sumner, for appellant.

C. O. Maas, for respondent.

Judgment reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to §1,500, in which event judgment as so reduced, affirmed, without costs. Settle order on notice.

SCOTT, J., dissents, voting for reversal.